Resisting With or Without Violence in Pinellas County, FL

Florida law prohibits interfering or resisting a law enforcement officer in the performance of their lawful and official duties. The penalties depend, in part, on whether the interference or resisting occurred with or without violence.

For accusations of resisting without violence, Florida Statute Section 843.02, F.S., makes it a first degree misdemeanor to resist, obstruct, or oppose the following types of officers in the execution of legal process or the lawful execution of any legal duty, without offering or doing violence to that person:

• a law enforcement officer;
• a correctional officer; or
• a probation officer.

The following two elements of the crime must be proven beyond all reasonable doubt at trial:

• the law enforcement officer was acting in good faith while engaged in the lawful execution of a legal duty; and
• the law enforcement officer is known, or reasonably appears, to be a law enforcement officer; and
• the defendant’s action, by his or her words or conduct, constituted obstruction or resistance of that lawful duty.

A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in using force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful.

False or exaggerated accusations of resisting or opposing an officer are common, particularly when the officer acts aggressively or injures the person being detained.

Under Section 843.01, F.S., resisting an officer with violence can be charged as a third degree felony. The crime requires an additional element that the knowingly and willfully resisting, obstructing, or opposing any officer engaged in the lawful execution of any legal duty, by offering or doing violence to that person.

Attorney for Resisting an Officer Crimes in Clearwater, FL

If you were charged with resisting an officer without or without violence in Pinellas County, FL, contact an attorney at Sammis Law Firm. We are experienced in fighting these charges, particularly when a law enforcement officer makes a false or exaggerated accusation.

We understand the best ways to fight resisting an officer with or without violence, and affirmative defenses that can be raised at trial or in pre-trial motion hearings. When appropriate, we can file a motion to dismiss the charges not supported by sufficient evidence.

Visit our office at 14010 Roosevelt Blvd #701, Clearwater, FL 33762. Our offices are near the Criminal Justice Center (CJC) Courthouse in Clearwater, FL.

Call us at (727) 210-7004.

Resisting or Obstruction Without Violence in Pinellas County, FL

After an arrest, you can search the the person’s Subject Charge Report on the Pinellas County Sheriff’s Officer website. A misdemeanor charge for resisting without violence is usually listed as:

Offense Description: RESISTING AN OFFICER; W/O VIOL (OBSTRUCTION)
Statute: 843.02/M

Charge Status: AWTRL (awaiting trial)
Arrest Type: ON VIEW (arrested based on the offense being committed in the officer’s presence without a warrant)

You can search the Pinellas County Clerk of Court website to find the person’s case number, charges, and the date and location of their first appearance advisory hearing. Everything that happens in the criminal case will be listed under that case number. In a typical charge of resisting (obstruction) without violence, the clerk’s website might list the following information:

Case Type: MISDEMEANOR
Date Filed: ____
Status: OPEN
Court: Section ____
Judicial Officer: ____
UCN: ____

Can You Resist an Unlawful Arrest?

Some courts have held that under Florida law, a person may lawfully resist an illegal arrest without force or violence. See K.Y.E. v. State, 557 So. 2d 956, 957 (Fla. 1st DCA 1990). How do courts determine whether the officer’s actions constituted the lawfully execution of a legal duty?

In Jay v. State, 731 So. 2d 774, 775 (Fla. 4th DCA 1999), the court explained that when determining whether an officer was performing a legal duty, a valid distinction exists between a police officer in the lawful execution of a legal duty and a police officer who is “merely on the job.”

Florida law is clear that a person may not lawfully resist an illegal arrest with force or violence. For example, in Tillman v. State, 934 So. 2d 1263, 1270 n. 4 (Fla. 2006) (superseded by statute on other grounds), the Florida Supreme Court explained that in arrest situations, Florida courts have consistently read s. 776.051(1), F.S., in pari materia with offenses described in ss. 784.07(2) (assault or battery of officer) and 843.01 (resisting officer with violence), F.S., and, in so doing, have not required the State to prove that an arrest was lawful. The Florida Legislature amended s. 776.051, F.S., after Tillman to make the prohibition against using force to resist a law enforcement officer apply to both arrest and nonarrest situations. Ch. 2008-67, Laws of Fla.

Section 776.012, F.S., provides that:

1. a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
2. a person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand h is or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

If an officer uses excessive force to make an arrest, however, then a person is justified in the use or threatened use of reasonable force to defend himself, herself, or another, but only to the extent he or she reasonably believes such force or threat of force is necessary. Fla. Std. Jury Instr. 3.6(f) and 3.6(g) (Crim).

A person may not lawfully use force or violence to resist a law enforcement officer in arrest or detention scenarios, although a defense might be asserted showing the technical illegality resolving around whether the officer was executing a legal duty or lawfully performing that duty.

Florida’s Standard Criminal Jury Instructions for resisting an officer with violence require that an officer was engaged in the lawful execution of a legal duty or the execution of legal process. When a defendant claims the officer acted unlawfully or raises self-defense to a charge under Section 843.01, F.S., the court must provide:

• A special jury instruction incorporating instructions 3.6(f), relating to the justifiable use or threatened use of deadly force, or 3.6(g), relating to the justifiable use or threatened use of non-deadly force, when the defense claims the officer used excessive force.
• A special jury instruction incorporating s. 776.051(1), F.S., which prohibits using or threatening to use force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, when the defense claims the officer’s conduct was technically unlawful.

Section 776.051, F.S., prohibits specified instances of use of force by providing:

• A person is not justified in using or threatening to use force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer.
• A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in using force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful.

Penalties for Resisting (Obstructing) an Officer in Florida

Resisting without violence is charged as a first degree misdemeanor which is punishable by not more than 12 months in the county jail and a fine not exceeding $1,000. Sections 775.082 and 775.083, F.S.

Section 843.01, F.S., provides that it is a third degree felony to knowingly and willfully resist, obstruct, or oppose any of the persons previously described in the lawful execution of any legal duty, by offering or doing violence to that person (with violence). The third degree felony version of the crime is punishable by up to five (5) years in Florida State Prison and a fine not exceeding $5,000. Sections 775.082 and 775.083, F.S.

When a person is charged with knowingly committing any such offense upon a law enforcement officer, a firefighter, or an emergency medical care provider under s. 784.07, F.S., the following crimes might be reclassified to the next highest degree of misdemeanor or felony:

• for an assault charge – from a second degree misdemeanor to a first degree misdemeanor;
• for a battery charge – from a first degree misdemeanor to a third degree felony;
• for an aggravated assault charge – from a third degree felony to a second degree felony, subject to a three year mandatory minimum term of imprisonment, as required by Section 784.07(2)(c), F.S.;
• for an aggravated battery charge – from a second degree felony to a first degree felony subject to a five-year mandatory minimum term of imprisonment as required by Section 784.07(2)(d), F.S.

Additionally, under Section 784.07(3), F.S. , if the person, during the commission of a battery subject to reclassification as a third degree felony, possessed:

• a firearm or destructive device, the person is subject to a mandatory minimum term of imprisonment of three years; or
• a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun, the person is subject to a mandatory minimum term of imprisonment of eight years.

Under Section 782.065, F.S., a court must sentence a defendant to life imprisonment without eligibility for release if:

• the defendant committed a specified murder offense; and
• the victim was a law enforcement or correctional officer engaged in the lawful performance of a legal duty

Under Section 782.07, F.S., manslaughter is not included under Section 782.065, F.S., as an offense for which a court must sentence a convicted defendant to life imprisonment without eligibility for release.

First Amendment Issues for Resisting with Words Alone

Rarely are offensive words enough to constitute resisting or obstructing an officer. The courts have held that “a person’s exercise of free speech, without more, in an open public place while an officer is engaged in the execution of a legal duty must do more than merely irritate, annoy, or distract the officer to constitute a crime.” D.A.W. v. State, 945 So. 2d 624, 627 (Fla. 2d DCA 2006).

Other courts have concluded that in Florida, the general rule is that words alone can rarely, if ever, rise to the level of an obstruction. Limited excepts to that rule might exist if the law enforcement officer is:

• actively engaged in executing process on a person;
• legally detaining that person;
• has ask the person for assistance with an ongoing emergency that presents a serious threat of imminent harm to person or property.

In D.G. v. State, 661 So.2d 75, 76 (Fla. 2d DCA 1995), the court found that allegations of obstructive conduct other than offensive words are normally required to support a conviction for resisting (obstruction) without violence.

Examples of Obstructing an Officer With or Without Violence

The Florida Supreme Court has found that a conviction for Section 843.02, F.S., requires the prosecutor prove the following elements beyond all reasonable doubt:

1. The officer was engaged in the lawful execution of a legal duty; and
2. The defendant’s action, by his or her words, conduct, or combination thereof, constituted obstruction or resistance of that lawful duty.

For cases in Pinellas County, FL, common examples of resisting (obstruction) without violence include:

1. interrupting, disrupting, hindering, impeding , or interfering with the officer’s ability to perform a lawful duty;
2. threatening the officer with physical harm;
3. harassing the officer by interfering with the officer’s attempts to perform a lawful duty;
4. pulling away from an officer attempting to make an arrest;
5. interfering with an officer’s arrest of another person; or
6. not obeying verbal commands.

Agencies that arrest people for resisting without violence in Pinellas County include:

1. Pinellas County Sheriff’s Office;
2. St. Petersburg Police Department;
3. Clearwater Police Department;
4. Pinellas Park Police Department;
5. Largo Police Department;
6. Tarpon Springs Police Department;
7. Kenneth City Police Department;
8. Treasure Island Police Department;
9. Bay Pines Veterans Affairs Police Department.

This article was last updated on Friday, October 3, 2025.